Hempstead v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Third District; M. L. Rit-chie, Judge. Action by David B. Hempstead against Salt Late City, a municipal corporation. Judgment for plaintiff, and defendant, appeals. appellant's POINTS. Tbe rule is, that, whatever specially benefits the property in question should be taken into consideration in assessing damages to the property, even if such benefits are general aS regards the public.
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Appeal from District Court, Third District; M. L. Rit-chie, Judge. Action by David B. Hempstead against Salt Late City, a municipal corporation. Judgment for plaintiff, and defendant, appeals. appellant's POINTS. Tbe rule is, that, whatever specially benefits the property in question should be taken into consideration in assessing damages to the property, even if such benefits are general aS regards the public. (Spokane Traction Oo. v. Grandth [Wash.], 85 Pac. 261; Lewis v. Beattie, 5 Wash. 741; Hil-bourne v. Suffolk, 120 Mass. 393; Metropolitan, etc., Co.'v. Stichney, 150 Ill. 362;…
1Opinion of the CourtEeick, J.
This action is similar to the one just decided, entitled Kimball v. Salt Lake City, 90 Pac. 395. The plaintiff, respondent in this court, filed a claim against the appellant city for consequential damages to his property caused by a change of grade on what is known as “Main” or “East Temple street,” *265fronting bis property. It appears from tbe evidence tba.t tbe street in question is one of tbe principal streets of tbe city, and was laid ont or dedicated to public use- and used as sucb for more than fifty years, but up to- tbe time of the injury conv-plained of was used and traveled on…
2Cases cited12 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Kimball v. Salt Lake CityUtah Supreme Court · 1907
- Sherman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Morris v. Salt Lake CityUtah Supreme Court · 1909
- Webber v. Salt Lake CityUtah Supreme Court · 1911
- Wall v. Salt Lake CityUtah Supreme Court · 1917
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.